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20131105
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by a santa rosa sheriff's deputy. the 17-year-old brother of andy lopez is devastated and angry. he was shot last week after refusing to put down a toy gun that looked like an ak 47 assault rifle. >> reporter: his name is anthony lopez, today describing his brother andy as a good kid, someone liked to make people laugh, who was interested in a career in law enforcement. behind me, this memorial, people arriving and keep adding to it. it keeps growing. what began as a vigil with candles now has enough to spell out the name andy. what began as a simple cross now has a permanent structure. jose installed think the morning and painted it. >> that represents the angel in andy. >> reporter: today his older brother told us how they're faring up oochlt they're hanging in there. it's hard on everyone. the house isn't the same anymore. >> how so? >> just quiet. just feels like there is a void in the house. >> reporter: a void since a week ago. a sheriff deputy, eric gelhaus mistook a pellet gun for the real thing and fired seven shots into andy. the family filed a claim. the deputy has communicated
traffic ticket and andy lopez. it was august 21 around 8:30 in the morning when 57-year-old, jeffrey westbrook was car pooling to work on highway 101 when he was pulled over by sanoma sheriff deputy. jeff pulled over and on a narrow shoulder, jeff says he offered to make more room for gelhouse to stand, when a simple traffic stop for failing to use a blinker went sideways. >> the car starts to move, he screams, turn the car off and you know, as i'm looking at him, i pulled his weapon out and now he point blank. >> jeff says the gun's barrel was a foot from his head. >> i never had a gun pointed at me. >> that's when he told him to get out of the car and it happened again. >> when he asked me to, you know, if i had weapons, he went to the gun the second time. >> a car matching his was part of a be on the lookout call in a series of e mails exchanged with the deputy sergeant. the sheriff department appears to offend him, and jeff connected the dots of the officer who pulled the gun on him. he was stunned. >> i don't know where i'm at. i know something could have been done. >> o
are learning more details on the death of a 13 year-old ind the boy andy lopez who was shot had toy replica guns the police thought that it was a real gun. will tran? >> reporter: the santa rosa police department is investigating this. i am at the scene, last tuesday, this was a field but according to the community it is turned into a crime scene. he was carrying his rifle gun. and it was a toy gun there was no way that the deputies could of known the difference. they said that he should ha dropped the replica. deputies felt threatened and opened fire. since then, there has been one of march. there was one on friday that wa many. and now, the one to make sure that the prosecutors will do a thorough job. with a 5 hour rally. portions of santa rosa, and also going to santa rosa of making sure that they understand that they are very upset over this shooting. he was only a 13 year-old boy. he had also, that he was carrying a replica guns. the deputies that fired should have known the difference >> thank-you. wheat to know more about that deputy that fired the shots. 48 year-old eric galhous he
the community for their support. 13-year-old andy lopez was shot on the 22nd holding an air rifle that looked like an ak-47 assault rifle. abc7 news reporter has the latest from santa rosa. >> reporter: as candles were arranged and a cross was adjusted for the growing memorial for 13-year-old andy lopez, it was not lost on a few people here that this day marks the day of the dead. >> it's a tradition that every 1st and 2nd of november you come and celebrate the dead, or the loved ones of that passed away. >> andy lopez' parents were here a couple of hours. they left just before sunset. they did not want to speak on camera, but they said they will be in san francisco on monday for a big announcement. they will be joining their team of attorneys monday to announce a federal civil lawsuit against the sonoma county sheriff's department. organizers said they had no intention of connect being the death to this day, they just wanted to be here with the lopez family. >> everyone wants to be here remembering andy. that's all it is. we don't want it talk about what happened to andy or anything like tha
-year-old andy lopez last week. jeffrey westbrook claims the same deputy erick gelhaus pulled a gun on him two months ago. westbrook says he was carpooling to work on 101 when the deputy pulled him over for failing to use a turn signal. westbrook says he offered to make room for gelhaus to stand on the highway's narrow shoulder. >> as the car starts to move, he screams, turn the car off! and, you know, as i'm still looking at him, he pulled his weapon out and now he is just point-blank. >> westbrook is in the process of filing a formal complaint against gelhaus. gelhaus right now is on administrative leave following the lopez shooting. a lawyer for deputy gelhaus told the "san francisco chronicle," gelhaus and another deputy thought andy lopez's gun was a real ak-47. >>> a mother couldn't hide her emotions after her son was found guilty of crimes that could lock him up for decades. >> i love you, baby! >> a marin county jury convicted 19-year-old max wade of grand theft auto and attempted murder. the stolen car with celebrity chef guy fierro yellow lamborghini that was taken from
with abc7 news today. 13-year-old andy lopez was carrying a toy gun that looked real when the officer opened fire. deputy eric goalhouse's lawyer says he feels terrible about the loss of the young man but he believes he had no other option but to fire his weapon. vic lee in the newsroom with more for us. vick? >> reporter: abc7 news has learned that andy lopez's family has filed claim against sonoma county and the sheriff's office. here it s it was just filed today. now, the county has six months to either accept it or reject it. if that happens, the family would most likely file a lawsuit. the claimant is andy lopez mother. the claim says the 13-year-old was killed unjustifiably and charges that the sheriff's office failed to develop adequate training policies for the use of lethal force. it does not specify an amount for damages. deputy goalhouse has been placed on paid administrative leave during the investigation. >> we feel for the loss of this young man's life. he feels for the loss for the family, for the community. >> reporter: but deputy eric goalhouse's lawyer, terry leone,
's deputy are gathering to say thank you to the community for support. 13-year-old andy lopez was shot while holding a gun that looked like an ak-47 and it was a toy gun. cornell bernard is live in santaa with more on the gathering. cornell? >> reporter: the neighborhood gathering is just getting under way on this vacant lot. this is where of course sandy lopez was shot and killed. this is a pot lick and we are told everyone is invited. thank you to the community for support during a difficult time. donations to the family are welcome. meantime, memorial for andy lopez continues to grow and many bring flowers and candles. lopez was killed october 22nd shot by sheriffs deputy eric gale house who believed he was carrying an assault rifle that turned out boob a bb gun. police say he fired on the teen after he was ordered to drop the gun and did not. organizers hope it's a chance for the community to heal. >> you come and be with the family and support them for the loss. >> i just wanted to show my support for the family. hope that some changes are made. >> the lopez family has just arrived here
of a third -- 13-year-old boy from northern california after officer shot and killed him. police say andy lopez was carrying a pellet gun that looks like an ak-47 assault rifle and was wearing a hoodie on tuesday when he confronted them. witnesses told police they heard the deputy's order the boy to put down the gun twice. one sheriff's deputy opened fire when he thought lopez aimed the gun at him. family and friends gathered today to say goodbye to the neutral school student. more than 1000 people showed up, according to local news stations. number of his young supporters also held protests over the weekend to call the officers actions into question. the sheriff's deputy who opened fire on the boy is a 20 year veteran of the santa roa police department. police offered their condolences to his family during a press conference, but gave up physical demonstration. the gun on the left was the big one that lopez was carrying. the one on the right is a real ak-47. the two deputies have been put on administrative leave pending an official investigation. after the government shutdown furloughed
the county. the controversial shooting of andy lopez happened two weeks ago in santa rosa. the 13-year-old was shot and killed while carrying a toy gun that looked like an assault rifle. the civil rights lawsuit claims the sheriff's department encourages the use of deadly force even when there's no threat to public safety. now, the sheriff's department says this investigation is still in the early stages and says the lawsuit is premature. >>> the city of sunnyvale may be getting tougher gun control laws if voters pass a new measure tomorrow. it's a controversial issue. janine de la vega is in sunnyvale to tell us more about what's going on out there. what people are saying. >> reporter: dave, whenever the issue of gun control comes up, people have passionate opinions. one man says he thinks more regulates -- regular lates are needed -- regulations are needed. this measure would require anyone whose gun is lost or stolen to inform police within 48 hours. and it requires those who sell ammunition to log and track sales. a local gun store is against the measure. opponents say it will not
, they said. among the people today, andy lopez's older brother, 17-year-old anthony. the family has not spoken formally. anthony told us how they're dealing with the loss. >> they're hanging in there. it's hard on everyone. the house isn't the same anymore. >> reporter: how so? >> just quiet. just feels like there is a void in the house. >> reporter: deputy gelhaus says he fired because he was pointing the weapon at him. anthony says his brother was 13 years old, he was a kid, that he froze and probably needed more time. >> thank you. >> it's been a busy day. still head on abc7 news what happened inside of the caldecott tunnel today. it sent smoke billowing out along with a number of panicked drivers. >> also, an incident at discovery kingdom. find out how she's doing. >>> a mild note but what will the weekend bring? the accu-weather forecast is coming up. >> and remarkable work of a bay area engineering firm finding i want you to be kind.ff i want you to be smart. super smart. i want one thing in a doctor. i want you to be handsome. i want you to be awesome. i don't want you to l
and killed by a sheriff's deputy gathered to thank the community for its support. andy lopez was shot while holding an air rifle that looked like an ak-47 rifle. >> reporter: as candles were arranged and a cross was adjusted at the memorial, it was not lost on a few people here that this weekend marks the day of the dead. >> is it a mexican tradition to every first and second of november to come and celebrate the dead or your loved ones who have passed away. >> reporter: andy lopez's parents were here for a couple of hours. they did not want to speak on camera be. you they did say they will be in san francisco on monday for a big announcement. they will be joining their team of attorneys monday to announce a federal civil lawsuit against sonoma county sheriff's department. they joined 100 people for a potluck dinner. organizers say they have no intention of connecting the death to the day of the dead but they want to support the family. >> we just want to remember andy. we don't want to talk about what happened but we just want to remember him. >> reporter: a family attorney says that the 1
to our facebook page. >>> family of 13-year-old andy lopez filed a civil rights lawsuit today over his death. he was shot and killed by a sheriff's deputy. carrying an air rifle that looked like an assault rifle when deputy eric gelhaus shot him. the lopez family autopsy says the first shot killed lopez. we heard from his father. >> what i want to say is that we want justice. and also, we want an honest investigation oochlt there should be no doubt in anyone's mind that the person he was approaching, that the kid he called out a command to was just that. a kid. >> rallies against the shooting continued today. pro testers asking for gelhaus to be charged with murder. attorneys have not commented on the lawsuit but gelhaugs's lawyer says he did believe the weapon was real we streamed the news conference on our new abc7 news app. you can get updates on this story any time on our app. just go to abc7 news.com slash app for details. >> operations at los angeles international airport are back to normal today. >> tsa officer gerardo hernandez was killed and two others were wounded by the gunm
-year-old boy by a sheriff's deputy. the death of andy lopez is a flashpoint. the growing concern about police overreaction and racial profiling. the deputy who killed lopez thought his pellet gun made to look like an ak-47 was the real thing. >> my concern is that i'm an african-american woman in a community that is terrorized by police. >> this guy is a veteran cop who didn't distinguish between a toy gun and real gun. it's frightening. >> reporter: the protests came on the same day that andy lopez' family and friends said goodbye at his funeral mass. the fbi has joined the investigation in to his death. >>> delta airlines pilot is in custody in utah charged with groping a minor during a flight last weekend. 45-year-old michael james pascal was a passenger on the flight. he was sitting next to a 14-year-old girl. she claims when she woke up he was groping her backside. pascal said he fell asleep and somehow his hand fell in to the girl's seat. he's due in federal court today. >>> airlines are earning record amounts of money for sky high fees for checking bags and serving food. analyst
to andy lopez. he was stunned. >> i don't know where i'm at. i just know that i'm feeling that maybe something could have been done. >> reporter: we are live out here at the growing memorial at moreland. he just told us he plans to file a formal complaint with the sheriff's department against deputy gelhaus. we tried to get ahold of the sheriff's department to get their story. we have not yet heard their viewpoint. and a memorial will be held at 6:30 this evening, hosted by andy's mother. >> also today, deputy gelhaus's attorney told the chronicle that he thought that andy's gun was a real ak-47 and he feared for his life. that's why he opened fire. the attorney also said that gelhaus quote feels for the loss of life. >>> jubilation in boston tonight. fans are celebrating the red sox third world championship in 10 seasons. it's the first time they have clinched at home in 95 years. fans filled the streets after the last out. >> it hasn't happened at fenway park for 95 years! the red sox are world champions! >> very exciting night, boston strong. highlights coming up in sports. >>> o
of 13-year-old andy lopez plans to file a civil rights lawsuit monday against sonoma county. lopez is the 13-year-old shot and killed by a deputy.who spotted him carrying an assault rifle, which turned out to be a replica. the family claims that deputy erick gelhaus shot lopez without cause. and says the department did not properly train deputies in such situations. the county has not commented. we'll continue to follow the case. the family's attorney has scheduled a news conference for monday. you can get updates on our facebook and twitter pages, on kron four-dot-com, and on our new mobile app. >> parking area. germany and brazil are privacy. they're asking the u-n general assembly to adopt a draft resolution calling for an end to excessivethe draft notes that the highly intrusive act." voted on later this month. it follows allegations that the u-s spied on foreign leaders -- including brazil's president and the chancellor of germany. >> we have clear conditions for tonight. over the mount tam the camera is shaking a bit. this weather system that pushed through tonight. nearly 3
. reporter: jeff westbrook says he, too, is mourning the loss of andy lopez. the memorial to him continues to grow. the deputy who shot lopez is the same man who pulled a gun on westbrook during a routine traffic stop. >> at this time i just looked at him point blank at the barrel of a gun. >> he said he and an employee feared for their lives beforing a stopped on highway 101 for make ang unsafe lane change. he says the sheriff's deputy who made the stop seemed agitated when he approached his car. >> i looked to -- i looked back up there was a gun, and he is screaming, turn the vehicle off. at that point i put my hands up and said, sir, the vehicle is off. >> the deputy then told westbrook to get out of the car. >> he asked me if i had any weapons and as i took my hands
and killed 13-year-old andy lopez. told investigators he did not remember if he identified himself as an officer before he shot lopez. lopez was holding a bb gun that looked like an ak 47 assault rifle. deputies thought it was a real gun and feared for his life. >>> earlier this week told you about massive backlog of weapons. ktvu is there as officers try to reduce that backlog one case at a time. >> you knew you were supposed to turn them over to authorities. >> i have no comment. get that out of my face. >> recently the homes of special agents went door to door. some of the surprising places they found illegally owned guns and what needs to change to clear up that backlog. all part of an exclusive special report tonight at 10:00 news. >> halloween night planes the streets will be packed with trick or treaters and that has law enforcement agencies stepping up their efforts. joins us live from a spooky looking. >> reporter: good morning. it's finally light outside . but earlier when it was darker, this house was very impressive with all of its glow in the dark spider webs, skeleton
-year-old andy lopez police lieutenant told us the veteran deputy jumped out and opened fire while his deputy in training was in the process of stopping the car and taking cover behind the door. between the thooim time they spotd and called in the sighting of andy with a replica ak 47 and the time the deputy shot him, ten seconds elapsed. >> by the time he was capable engaging the subject, the threat no longer existed. >> reporter: last week a witness said he sought car and warned andy but the detective says the deputy told andy twice to put down the gun before opening fire we asked if the deputy identified himself before he opened fire on andy. and we were told he says he can't remember whether he identified himself. however, we're told it's not a requirement to do so. >> thank you. >>> several people in the hospital after a major crash in a busy san francisco intersection. police say the driver ran a red light and the crash left a lexus suv flipped over, as you can see. two other cars were damaged officials say injuries are not life threatening which is great news when you can see h
the funeral of the 13-year-old andy lopez police lieutenant told us the veteran deputy jumped out and opened fire while his deputy in training was in the process of stopping the car and taking cover behind the door. between the thooim time they spotd and called in the sighting of andy with a replica ak 47 and the time the deputy shot him, ten seconds elapsed. >> by the time he was capable of engaging the subject, the threat no longer existed. >> reporter: last week a witness said he sought car and warned andy but the detective says the deputy told andy twice to put down the gun before opening fire we asked if the deputy identified himself before he opened fire on andy. and we were told he says he can't remember whether he identified himself. however, we're told it's not a requirement to do so. >> thank you. >>> several people in the hospital after a major crash in a busy san francisco intersection. police say the driver ran a red light and the crash left a lexus suv flipped over, as you can see. two other cars were damaged officials say injuries are not life threatening which is great news
. last week sheriffs deputy eric shot and killed # 13-year-old andy lopez who was holding a toy gun that resembled an assault rifle. lopez's family will file a lawsuit in san francisco federal court today against sonoma county. they will also hold a news conference about their case on monday. >>> sonoma county supervisor due in court this morning to face charges stemming from an incident in july when he was found outside of a woman's home at 3:30 in the morning in his underwear. he has apologized for his behavior and said he is in treatment for alcoholism. there have been calls for carr april low to resign but he says he has no plans to step down. >>> at least one worker went to the valley springs medical facility after most of the staff had left. but the worker did nothing to end the chaos at that nursing home. investigators say the staff abandoned 14 sick, elderly, and bedridden patients last week after state regulators shut down the nursing home. they were being taken care of by a cook and janitor who had no medical or health care training. >>> it is a south bay story we have bee
weapons. >> coming up at 5:00 andy lopez, a teenager shot to death by a sheriff's deputy for the first time you're going to hear from his brother, at 5:00. and you heard about the launch of the new ipad. at 5:00 how the debut was interrupted here in the bay area. join us coming up to thosuffered in silence... hoped... and lived in a state of fear... welcome to a new state... of health. welcome to covered california. the place to find quality, affordable coverage. financial help for those in need. and nobody can be denied because of a pre-existing condition. enroll now at coveredca.com or call 800-675-2607. to those whoworried...... poked and prodded... taken risks... and lived in a state of "what if?"... welcome to a new state... of health. welcome to covered california. the place to find quality, affordable coverage. financial help for those in need. and nobody can be denied because of a pre-existing condition. enroll now at coveredca.com or call 1-800-752-6631. >>> a controversial gun show is returning to the bay area. >> buyers and sellers will be back at the cow palace this weekend
amendment. andy lopez-crews was shot seven times on october 27th after the deputy mistook the boys fake ak- 47 for a real salt wonderful. >> a man nearly beaten to death recovering this morning. david lamont woke up from his medically induced coma. police say he was attacked by a group of teens in september when he went outside and told him to be quiet. dr. say his condition is no longer life-threatening but he still not able to speak. the investigation is on hold until police can question him. >> and some bart workers will start off their week with a brand-new contract. a fresh start to months of negotiations and bickering that got off to be very tough for the public. 88 percent of the members approve the new contract on friday. all workers will see a 15 percent pay increase over the next four years. >> it was a difficult situation for a couple days, and a lot of people were heavily inconvenienced, but collective-bargaining is a really important thing. >> new safety rules have been implemented as well under the new contracts. the board of directors is expected to make final approval soon.
that the shooting was without reasonable cause and in violation of the 4th amendment and 13-year-old andy lopez cruz was shot seven teens after neigh mistook the fake ak-47 for a real assault rifle. >>> a pleasanton man nearly beaten to death is recovering. he woke up from his medically- induced coma. he was attacked by a group of teens in september when he went outside and told them to be quiet. his is no longer life- threatening but he's not able to speak. the investigation is on hold until police can question him. >>> and some b.a.r.t. workers will start off their week tomorrow with a brand-new contract and that is a fresh start after months of bitter negotiations, birthing, and strikes that got trying for the writing public. 88% of the seiu's members, they're usually the janitors and such, approved the new contract on friday. 88% of atu, including staging agents and drivers, voted in favor of the new deal. all workers will see a 15% pay increase over the next four years, but they will also have to kick in more for health and pension projects. most are relieved in the end that b.a.r.t. is back on
, best known for his work on police misconduct cases including the b.a.r.t. case with oscar grant. andy lopez, there was a huge outcry over the weekend and continues today. sonoma county sheriff says he welcomes the fbi investigation in addition to a separate joint investigation by the santa rosa police department. what would you like to see happen here? >> i think they want to find out what the real facts are. you have a kid walking and wasn't causing any particular harm. there had not been reports of police misconduct of some kind. how was he approached? how did the police approach him? did they give him an opportunity to put the weapon down, whatever it was? why did they shoot as many times as they did. i would like to know if the kid was shot in the back at all. it sounds like he turned around. very difficult to believe a young man would point a gun, a toy gun like that at a police officer. that is not to say the police could not have a reasonable good faith belief that the weapon was a real gun given the size and have a right to respond to that. what you want to do is examine me an
is also launched a probe of the police killing of 13- year-old andy lopez in santa rosa, california who was shot dead last month after a sheriffs deputy mistook the pellet gun he was caring for an assault rifle. the florida city where trayvon martin was shot dead by neighborhood watch volunteered george zimmerman is banning neighborhood watch members from carrying guns. new rules due to be announced bar week will also volunteers from pursuing people they deem suspicious. zimmerman was accused of racially profiling the unarmed teenager and following him before shooting him dead. a jury acquitted zimmerman in july. to0 three-year-old activist surrender to u.s. immigration authorities as part of a protest calling for reform and a halt to record deportations has been deported to mexico. rocio hernandez perez was brought to the united states by her parents at the age of four. she was one of the so-called dream 30 who crossed into laredo, texas in september. the dream 30 took action after another group of young people, the dream 9, made a similar crossing an arizona in july. the dream 9 were
for andy lopez will meanwhile, an attorney for andy's family says a civil rights lawsuit will be filed on monday in san francisco. andy was shot october 22nd while holding a toy gun that looked like an ak47 assault rifle. >>> happening too, officials will be warning menlo park residents about mosquitoes that spread yellow fever. no illnesses associated with the mosquito have been reported in california, but the insect has been spotted in menlo pack. vector control officials and volunteers will be handing out information about ways to prevent the spread of the mosquito and that begins at 9:30. voters can swing by city hall to drop off their vote by mail ballots. there will be curbside stations and this weekend they will be open from 10:00 a.m. to 4:00 p.m. they will also be open from 8:00 to 5:00 on monday and 7:00 to 8:00 on tuesday. that's of course election day. now let's check your forcast with lisa argen. >> katie the marine layer is compressed at 500 to 700 feet and you can see it is pretty gray across the city. 50 downtown. it is sunny in san jose and we will look for the fog to
the 13-year-old boy, andy lopez, was struck by gunfire seven times. two wounds were fatal. lopez had been carrying a pellet gun which resembled an automatic weapon. deputy gelhaus is on paid administrative leave. >>> on a downward spiral, how the brother of a suspected drunk driver describes her state of mind. this is the first time we're seeing her picture, 54-year-old marjorie reitsell accused of hitting and killing a couple on the peninsula last thursday. she was supposed to face a judge today but didn't because of a medical issue. nbc bay area's kris sanchez shows us her troubles started long before the tragic crash. >> leave everything in god's hands. >> reporter: ronald says his sister is not the person she's supposed to be. a medical issue postponed the arraignment on charges of vehicular manslaughter and driving under the influence for causing injury this crash thursday night. investigators say she was driving drunk when she hit and killed this couple in menlo park thursday night and hit another vehicle injuring two teenagers. the judge postponed the hearing until tomorrow. he bro
. the lawyer representing the family of andy lopez says the suit will be filed in san francisco today. lopez was killed 10 days ago as he walked in southwest santa rosa. he was carrying a plastic pellet gun that closely resembled an ak-47. >>> the parents of a stillborn baby suing a daly city hospital now for losing the child's body. julio and rina arriaza say seton medical center lost the remains back in october of last year. worker at a santa cruz laundry facility found the baby's body on a conveyor belt heading towards an industrial size the washing machine. >> we can't comment beyond acknowledging the fact that this is pending litigation. but our hearts certainly go out to this family and everyone here is praying for their comfort and consolation. >> the laundry facility washes linens for the hospital. it's not clear at this point how much money the couple's attorney is seeking from the hospital. >>> today is the day bart workers decide whether to accept new contracts. members of two unions are voting on the contracts that were worked out last month ending the strike. the proposals inclu
. another demonstration is planned in santa rosa today to protest the fatal shooting of andy lopez, the 13-year-old was shot by a sheriff deputy while carrying a toy rifle last week. more than 600 people attended the boy's funeral last night. >>> meteorologist mike nicco checks out our forecast. mike. >> still tracking thick fog especially on 101 from novato to santa rosa. everybody else doing okay urpd partly cloudy sky. low to mid-60s, oechb a few upper 60s in the north bay and east bay. accuweather seven-day forecast, warmest friday. leyla. >>> i have an update on the sigalert in fairfield. looks like westbound lanes have reopened at 80 at air base parkway. but the eastbound side of 80 is still blocked off. three lanes are taken away due to this earlier crash involving a car fire. 12 miles per hour is your top speed. kristen. >>> leyla, thank you. the news continues right now everyone deserves a better car. and now, during the "sign then drive" sales event, you're closer to yours than ever. like the turbocharged tiguan the midsize passat or the 34 highway mpg jetta. and every new 2014 v
. there is another demonstration and vigil being planned for tonight for 13-year-old andy lopez in santa rosa. the rally comes after hundreds of people attended his funeral mass last night. the 13-year-old was shot and killed by a sun know onoma coun sheriff's deputy last week. he thought lopez' replica rifle was a real ak-47. they are conducting an independent investigation into the shooting. the nra says it will sue the city of sunnyvale if they pass a measure enacted some of the strictest laws in the couldn't interest country. the measure will go before voters next tuesday. christina loren says we are expecting some sunshine. >>> it is going to be nice later on today. good morning to you at home. it is cold to start the day, 36 in santa rosa. 37 in napa. 44 in san jose. we are in the upper 30s in gilroy. we want to show you a live picture of the reason why it is nice and clear to start the day. no blanket of low clouds to trap in the warmth. the sun is going to be out in full force later on. we will warm up. 71, livermore, 66, fremont. we are going to jump out of the upper 50s into the mid
quarantine at the animal shelter. >>> the deputy who shot and killed 13-year-old andy lopez says he can't remember if he identified himself as law enforcement before opening fire and shooting and killing that young man. both dispatch records and eyewitness reports show that only about ten seconds passed between the time the deputy confronted lopez and the actual shooting. >> meantime, hundreds of people take to the streets of santa rosa again chanting andy over and over. they want justice for the teen's death. last week a deputy as we pointed out mistook the boy's replica gun for an ak-47 and shot lopez seven times. those marching believe the shooting was unnecessary and hope to make a change. the fbi now investigating this shooting. >>> right now a check on the halloween forecast. christina loren says perfect for getting all of the candy you can. >> that's right. trying to eat it all at once. that's a bad idea. good morning to you. as you can see here looking really good to start the day. this is from high atop san bruno mountain. looking really clear at this point. as a result all of
of a 13-year-old boy. hundreds gathered in winsor yesterday to pay respect to andy lopez. last week a deputy shot lopez seven times killing him. the fbi is now conducting an independent investigation. >>> whipping winds caused a scene in the bay area from toppling trees and knocking out power to overturning big rigs. the strength of the winds quite evident. at least one truck driver suffered minor injuries. >>> they died down a bit. let's look at the forecast with meteorologist christina loren. good morning. >> good morning, marla. the winds are dropping off. we saw gusts to 75 miles per hour through the altamont pass. this morning we still have pretty strong speeds that will be the case the next few hours. as we progress throughout the day the winds will drop off and the shower chances increase. best chance later today in the south bay and east bay. 63 degrees in concord, 61 san jose, it's going to be cold. then we warm up tuesday into wednesday, upper 60s to low 70s return. here is mike inouye and your drive. >> we have returned to your coliseum. during the 6:00 hour we had a back
and killed 8th 8th grader andy lopez after mistaking his toy for a real rifle. now, a santa rosa man is telling the chronicle the same deputy pulled a gun on him during a highway traffic stop two months early. the man said gailhouse was so ire rational, he questioned the deputy's emotional stability. >>> there is disturbing new information about the castro valley nursing home scandal. at least one worker for the department of social services went to the valley springs manor after a most of the staff had left. but the report says the worker did nothing to end the chaos at the nursing home. investigators say the staff essentially abandoned 14 sick, elderly and bedridden patients last week after state regulators shut the nursing home down. a cook and a janitor with no formal training took care of the abandoned patients. >>> south bay homeless advocates say more and more homeless people are living on buses to get shelter and say warm. the mercury news reports homeless men and women are using the 22bta bus as a shelter every night. that bus is the only 24 hour bus line in the system. it g
sonoma county. andy lopez was shot several times last week while carrying a pellet gun. deputies mistook it for an assault rifle. fernando chavez is an attorney. thank you for being with us today. the deputies at the scene later said that, quote, as the subject was turning toward him, the barrel of what he thought was the assault rifle was rising up and turning in his direction. and that the deputy feared for his safety. does the family have a strong case here? >> well, it depends on the facts. as i understand, some of the witnesses now are saying that the officer did not identify themselves as police officers. if you take a look at the situation and assume the young man was walking away from them as he was and someone says, drop your gun, you're turning to look to see who it is, not necessarily turning with the intent to aim the weapon. and the fact of the matter is that the kid knew it was a play gun and it wasn't a real weapon. so i think that's a concern. one of the other issues, too, is the amount of time that transpired between the initial call that there was someone with a potenti
, mistaken for the real thing. the deputy fired 13 rounds at lopez, killing him. >> the reports were he asked the boy to drop the weapon and he didn't drop it. >> andy was not that type, andy, if he knew it was a sheriff, if he was asked, andy would have dropped it. i don't believe that at all. >> family and friends have held rallies, calling the shooting a combination of unnecessary force and profiling. some say he was profiled because he was hispanic, walking through a rough neighborhood. >> we want him to be prosecuted for what he did. he took somebody's life. you know, he had just turned 13. you know, we want justice for andy. and until we get that we are not going to stop marching. >> i understand that the community is angry and sad and this is a horrible tragedy for all involved. >> sonoma county sheriff told us he could not go into details of the case. but he confirmed the deputy who fired the shots is eric gillhouse, an iraq war veteran. >> eric is a solid employee and trains new people for us. that shows the level of respect we have for eric and his position here. >> investigators sa
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